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 No. UU.) AN ACT (S. 127. 
 
 To ireatc a Text Book Coinniission, and to pro- 
 cure for use ill the public free schools in this 
 State a uniform series of text books; to de- 
 line the duties and jwAvers of said commis- 
 sion and other officers; to make an appro- 
 priation for the carrying: into effect this act, 
 and to provide punishment and penalties for 
 the violation of the same. 
 
 Section 1. — Be it enacted by the legislature of 
 Alabama : That the governor, State superintend- 
 ent of education, and three eminent teachers of 
 the State, Avho shall have a practical knowledge 
 of the public school system of the State and the 
 nu'thods of teaching therein, to be appointed by 
 the governor, shall be and hereby constituted the 
 School Book Commission of the State of Ala- 
 ])ama, whose duty it is to select and adopt a uni- 
 form series or system of text books for use in the 
 pul)lic schools in this State. Said commission is 
 hereby authorized, empowered, and directed to se- 
 lect and adopt a uniform system or series of text 
 books for use in the public schools in this State 
 as al.)ove indicated, and when so selected and 
 adopted the said text books shall be used for a 
 l)eriod of five years in all the public schools of 
 this State, and it shall not be lawful for any 
 school officer, director, or teacher to use any 
 other books upon the same branches other than 
 those adopted by said Stiite Text Book Commis- 
 sion. Said uniform series .shall include the fol- 
 lowing branches of study, to-wit: Orthography, 
 reading, writing, arithmetic, geography, gram- 
 niar. language lessons, history of Alabama, con- 
 taining the constitution of the State, history of 
 the TTnited States, containing the constitu- 
 tion of the TTnited States, physiology and hy- 
 giene, elementary geology of Alabama, elemen- 
 
2 
 
 tary principles of a«j;Ticiilture, elements of alge- 
 bra, elements of plane oeometry, elements of nat- 
 ural philosoplsy, bookeeping, elements of civil 
 government, rJietoric, and higher English, and 
 snch other branches of study as said commission 
 may select and designate; Provided, that none of 
 said to^xt liooks shall contain anything of a par- 
 tisan or sectarian character. Before transacting 
 any business relating to tlie duties af this com- 
 mission they shall each take an oath before some 
 person authorized to administer oatlis, to faith- 
 fully discharge all tlie duties imposed upon them 
 as meml)ers of said school book commission, 
 and that they have no interest, direct or indirect," 
 in any cf>ntract that may he nmde under this act, 
 and will receive no personal benefit therefrom. 
 
 Provided, further, that for cities and towns hav- 
 ing a population of 5,000 or more, said commis- 
 sion may select and designate such books and 
 such branches of studv as the conditions existing 
 in such cities and towns may require. 
 
 Section 2. — There -shall be a sub-commission of 
 five to be selected as follows; A president or 
 n.uMuber of the faculty of one of the normal 
 scliools of the State; a president or mend)er of 
 tlie faculty of one of the agricultural schools; a 
 superintendent of one of the city schools; and two 
 teachers of the common schools, each one of whom 
 shall l>e apointed by the governor. 
 
 Section 3. — It shall be the duty of said sub-com- 
 mission to report to tlie c(unmission at such time 
 said commission shall direct, the books which 
 the}'^ reco)nmend for adoption arranging each 
 book in its class or division, and reporting them 
 in the order of their merit, pointing out the mer- 
 it and d«'nierit,-; of each ]M>ok, and indicating what 
 book th(\v recommend for adoption first ; wliat 
 liools' is their second choice; what their third 
 • Iioice, and so on, juirsuing this plan Avith the 
 lM)oks submitted upon each branch of study, and 
 if said sub-commission shall consider such books 
 
o- 
 
 L'2zsr/ 
 
 ^ upon tlu' saiiio subject, or of the sanie class or (ii- 
 
 ^ vision of apiJi'oxiniately equal merit, all things 
 r heiuii" (Miuallv (-((nsideved, they shall m report, 
 
 "S and if they consider any of the books offered are 
 
 ^ of such class as to make them inferior and not 
 
 l^ worthy of adoption, they shall in their report 
 T^ so desio-nate such books and in said report they 
 * shall make such recomnuMidation and sniii-estioiis 
 
 to the commission as they shall deem advisable 
 and proi>er to make. Said report shall be kept se- 
 cret and sealed up and delivered to the secre- 
 tary of the commission and said report shall not 
 Ik' o]>ened by any member of the commission un- 
 til the commission shall meet in executive ses- 
 sion to open and consider the bids or proposals 
 of publishers or others, desirins? to have books 
 adopted by t^aid commission. Each member of 
 said sub-commission before entering- upon the dis- 
 charge of his duties, shall take and subscribe an 
 oath to honestly, conscientiously, faithfully, and 
 to tlie best of liis ability discharge said duties, 
 and that he is not directly or indirectly in any 
 manner interested in the proposed contract, nor 
 in any books or publishing concern publishing 
 any lM)oks of the kind or character contemplated 
 for use in the public schools of this or any other 
 State, and that he will examine all Iwoks sub- 
 mitted carefully and faithfully and make true 
 . rei)ort ther(H)n, as herein directed and prescribed, 
 said oath sliall 1m' filed in the office of said secre- 
 tary of State. 
 
 SixTiox 4. — Said text book commission shall 
 luTein consider said n^^ort in its selection and 
 adoittion of the uniform senes of text books, and 
 shall also themselves consider the merits of each 
 book, taking into consideration their subject- 
 matter, the printing, binding, material and me- 
 chanical qualities, and their general suitability 
 and (1csra])ility for lhepur]>oses intended as well 
 as Ihe ])rice of said Inioks, and Ihey shall give 
 great consideration and weight to the report and 
 
rccoiiinieiKlation of said sub-coiiimissioii ; Provid- 
 ed, Tliat no text book, the siibjeet-iuatter of wliich 
 is of inferior quality, shall be adopted by the text 
 book commission. Said commission shall select 
 and adopt such books as will, in their best judg- 
 ment, accomplish tlie ends desired, and they are 
 herel>Y authorized and directed, in case any book 
 or books are deemed by them suitable for adop- 
 tion and more desirable than other books of the 
 same class submitted, and they further consider 
 the price at which books are offered to be un- 
 reasonably higli and that they should be offered 
 at a smaller price, to immediately notify the pub- 
 lisher or offerer of such book or books of their de- 
 cision and request such reduction in price as 
 they deem reasonable and just, and if they and 
 such publisher shall a^ree on, a price they may 
 adopt his book or books, but if not they shall use 
 their OAvn sound judp;nient and discretion wheth- 
 er they will adopt that, or the books which are 
 deemed by them next best in the list submitted 
 and when said text book commission shall have 
 finished with the report of said sub-commission, 
 the said report shall l>e filed and preserved in the 
 office of the State superintendent of education, 
 and shall be open at all times for public inspec- 
 tion. 
 
 Section 5. — Be it further enacted: That said 
 text l>ook commission shall immediately after the 
 passag'c of this act, meet and orji'anize, the g-over- 
 nor beins: president of the commission and the 
 superintendent of education secretary and exec- 
 utive ofiPcer of said commission. As soon as 
 Dracticable not later than thirty days after 
 its oro-anization, the commission shall ad- 
 vertise, in such manner and for such lenijth 
 of time and at such places as may be 
 deemed advisable; that at a time and place 
 fixed definit(dv in said advertisement, sealed bids 
 or yu'oposals will be received from the publishers 
 of school text books for furnishina^ books to the 
 public schools in the State of Alabama, through' 
 agencies established by said publishers in the sev- 
 
 / 
 
rval coimtios, and places in counties, in the 
 iState, as may he provich'd for in such re^ulalions 
 as said commission may ado])t and jU'escrihe. 
 The bids or proposals to be for furnishing the 
 books for a period of live years and no longer, 
 and that no bid for a longer period will be con- 
 sidered, said bid shall state specitically and deli- 
 nitely the i)rice at which the books will be fur- 
 nished, and shall be accompanied by one or 
 more specimen copies of each and every book pro- 
 posed to be furnished and it shall be recpiired of 
 each bidder to deposit with the treasurer of the 
 State a sum of money such as the commission 
 may require, not less than five hundred dollars, 
 nor more than twenty-five hundred dollars, 
 according to the number of books each bidder 
 may propose to suitply, and notice shall fur- 
 ther Ik' given in said advertisement that such de- 
 l)osits shall be forfeited absolutely to the State if 
 the bidder nmking the deposit, shall fail or refuse 
 to make and execute such contract and bond as is 
 hereinafter re(pTired, within such time as th • 
 commission may require, which time shall alf^o 
 be stated in said advertisement. All bids shall 
 ]m» sealed and dcqiosited with the secretary of 
 State, to be by him delivered to the commission 
 when they are in executive session, for the pur- 
 pose of consi<leriug the same, when they shall be 
 ojicned in the jivesence of the commission. 
 
 SiocTiox (i. — Be it further enacted : That it shall 
 be the duty of the said text lH)ok commission to 
 meet at the time and place designated in such no- 
 tice or advertisement and take out the sample or 
 specimen copies submitted, upon which the bids 
 are based and ivfer and submit these 1o the sub- 
 commission as provided for and directed in pre- 
 vi(ms section of this act, with instructions to 
 said sub-commission to re])ort back to them at 
 a time s])ecifi(Ml, with their rep<>rt, classification 
 and recommendation as }>rovided in previous sim-- 
 tion of this act. AMieji the sjiid rejxirt is sub- 
 mittefl it shall ho the dutv of tlie said text book 
 
6 
 
 coiimiission to meet iu executive session to open 
 aud examine all sealed proiposals submitted and 
 received in pursuance of the notice or advertise- 
 ment provided for in section 2 of this act. It 
 shall then be the duty of said commission to ex- 
 amine and consider carefully all such bids or pro- 
 posals, together AA'ith the report and recommenda- 
 tion of the sub-commission and determine in the 
 -manner provided in section 1 of this act what 
 book or books shall be selected for adoption, tak- 
 ing into consideration the size, quality as to sub- 
 ject nmtter, material, printing, binding, and the 
 mechanical execution and price, and the general 
 suitability for the purpose desired and intended; 
 Provided, however. That all books selected or 
 adopted shall be written or printed in English. 
 After their selection for adoption shall have been 
 made, the said commission shall, by registered let- 
 ter, notify the publishers, or proposers, to whom 
 the contracts have been awarded, and it shall be 
 the duty of the attorney general of the State to 
 I)repare the said contract or contracts in ac- 
 cordance with the terms and provisions of this 
 act, and the said contract shall be executed by 
 the governor and secretary of State, with the seal 
 of the State attached upon the part of the State of 
 Alabanm, and the said contract shall be executed 
 triplicate, one copy to be kept by the contractor, 
 one copy by the secretary of the text book com- 
 mission, and copied in full in the minute book 
 of said commission, and one copy to be filed in 
 the office of the secretarj- of State, at the time of 
 the execution of the contract aforesaid the con- 
 tractors shall enter into a bond in the sum of 
 not less than ten thousand dollars nor more than 
 thirty thousand dollars, payable to the State of 
 Alabama the amount of said bond within said 
 limits, to be fixed by said commission, condi- 
 tioned for the faithful, honest and exact perform- 
 ance of his contract, and shall further provide 
 for the payment of reasonable attorney's fees in 
 
caso of recovery in any suit niton the same, willi 
 three or more good and solvent snreties, aetnal 
 eitizens and residents oi:' tlie State of Alahama, 
 or any i^narantee company anthorized to do busi- 
 ness in tlie State of Ahihama may become the 
 surety on the said bond, and it shall be the dniy 
 of the attornej'^ general to i)repare said bond and 
 apj)rove the same; Provided, liowever, That said 
 ])ond shall not be exhausted by a single recov- 
 ery, but may be sued on from time to tune, until 
 the full anumnt thereof shall be recovered, and 
 the said commission may at auj time, by giving 
 thirty days' notice, refpiire additional security or 
 additional bond within the limits prescribed. 
 And when anj- person, firm, or corporation shall 
 have been awarded a contract and submitted 
 therewith, the bond as required hereunder the 
 commissi((n, througli its secretary shall so in- 
 form the treasurer of the State, and it shall then 
 be the duty of the treasurer to return to such 
 contractor tlie cash deyjosit made by him, and 
 the said commission, thrcmgh its secretary shall 
 inform the treasurer of the names of the unsuc- 
 cessful bidders or proposers, and the treasurer 
 shall upon receipt of this notice return to them 
 the anumnt dep(;sited in cash h\ them at the time 
 of the sulnnission of their bid, but should any ])er- 
 son, firm, companyor corporation fail ov refuse to 
 execute the contract, and submit therewith his 
 bond as required by this act within thirty days of 
 the awarding of the contract to liim and the mail- 
 ing of the registered letter containing tlu^ notice, 
 provided the mailing of the registered letter shall 
 l>e sufficient evidence that the notice was giv( n 
 and rer-eived, the said cash de])osit will b ' deemed, 
 and is here]>y, declaref] forfeited to the State of 
 Alabama, and it shall be the duty of the treiisni'er 
 to place said cash deposit in the treasury of the 
 State to the credit of the general school fund, and 
 provided, further, that any recovei-y liad on any 
 bond, given by any contrnctoi', shall ennre to the 
 
8. 
 
 benefit of the said fuud of the State, and when 
 collected shall be placed in the treasury to the 
 credit of the said fund and be prorated among the 
 several counties of the State. 
 
 Section T. — Be it further enacted : That the 
 books furnished under any contract shall at all 
 times during the existence of the contract be equal 
 to, in all respects, the specimens or sample copies 
 furnished with bids; and it shall be the duty of 
 I be secretary of State to carefully preserve in his 
 office as the standard of quality and excellence to 
 be maintained in such books during the continu- 
 ance of such contracts the specimen or sample 
 copies of all books which have been the basis of 
 any contract, together with the original bid or 
 proposal and the contractor shall, also furnish 
 each county superintendent of education like 
 specimen or sample copies which shall be pre- 
 served by him in like manner and the same shall 
 always be open to' inspection of the public. It 
 shall be the duty of all contractors to print plainly 
 on the back of each book the contract price, as 
 well as the exchange price at which it is agreed 
 to be furnished, but the books submitted as sam- 
 ples or specimen copies with the original bids 
 shall not have the price printed on them before 
 they are submitted to the sub-commission. And 
 the said text book commission shall not in any 
 case, contract with any person or publisher for 
 the use of any books which are to be sold to pat- 
 rons for use in any public school in this State, 
 at a price above or in excess of the price at which 
 such book or books are furnished by said person 
 or publisher under contract to any State, county, 
 or school district in the United States, under like 
 conditions prevailing in this State and under this 
 act. And it shall be stipulated in each contract 
 that the contractor has never furnished and is 
 not now furnishing under contract an}' State, 
 county or' school district in the United States, 
 where like conditions prevail as are prevailing in 
 

 
 tills tSlatc and iiiulci' this act the saiue IkjoLc or 
 books as are euibrai-ed iu said contract at a price 
 beiow or less thau the price stipiihited in the said 
 contract and the said commission is hereby au- 
 tliorized and directed, at any time tliey may iind 
 tliat ajiy boolc has been iiirnislied at a h)\vei' price 
 under contract to any State, county, or school dis- 
 trict aforesaid to sue ui)ou the bond of said con- 
 tract and recover the difference between the con- 
 tract price and the lower price at which they 
 tind the book or books have been sold, 
 and iu case a contractor shall fail to exe- 
 cute siKicilically the terms and provisions 
 of his contract said commission is hereby 
 authorized, empowered and directed to bring suit 
 upon the bond of such contractor for the recovery 
 of all damages, the suit to be iu the name of the 
 State of Alabama and the recovery for the bene- 
 llt of the public school fund, but nothing in this 
 act shall be construed so as to prevent said com- 
 mission and an}- contractor, agreeing thereto, 
 from in auy manner changing or altering any 
 contract, i)rovided tliat a majority of the commis- 
 sion shall agree to the cliange and think it ad- 
 visable and for the best interest of the public 
 schools of this State. In all matters a nmjority 
 of said commission shall control. 
 
 Section S. — Be it further enacted : That it shall 
 be always a part of the terms and condition of 
 every contract made in pursuance of this act that 
 the State of Alabama shall not be liable to any 
 contractor, in any manner for any sum whatever, 
 but all such contractors shall receive their pay 
 or consideration in compensations solely and ex- 
 clusively derived from the proceeds of the sale 
 of books, as provided for in this act, Pro- 
 vided, further, That the commission shall stipu- 
 late in the contract for I lie supplying of any 
 book as herein provided Ihat tlu^ c()ntractor or 
 contractors shall lake uj) the school lyooks now in 
 use in this State and receive Ihe same in ex- 
 change for new books at a price not less than 50 
 
10 
 
 p<T cent, of the contract price. Provided, Such ex- 
 chanii'e period shall not continue longer than 
 one year from the date of the contract. And each 
 person or publisher niaking a hid for the supply- 
 ing of any book or books under this act, shall slate 
 in" such bid or proposal the exchange price at 
 wliich such l)Ook or books will be furnished. 
 
 Si'^CTioN 0.— Be it further enacted : That the text 
 book coniniission shall have and reserve the right 
 to reject any and all bi<ls or proposals if they shall 
 be of the opinion that any or all should for any 
 rejison be rejected. And in case they fail from 
 among the bids or proposals to select or adopt 
 any book or books upon any of the branches men- 
 tioned in previous section of this act, they 
 may re-advertise for sealed bids or proposals un- 
 der the same terms and conditions as before and 
 proceed in their investigation in all respects as 
 they did in the tirst instance, and as required by 
 the terms and provisions in this act, or they may 
 advertise for sealed bids or proposals from au- 
 thors or publishers of text books who have manu- 
 scripts of books not yet published, for prices at 
 which they will publish and furnish in book form 
 such manuscripts or for prices at which they will 
 sell such manuscripts, together with the copy- 
 right with such books for use in the public schools 
 in Alabama, proceeding, in all respects in like 
 manner as before; and provided, that before ac- 
 cepting' or rejecting any manuscript, it shall be 
 their duty to take the manuscript and to adver- 
 tise for sealed bids or proposals for publishing 
 the same in book form, in like manner as herein- 
 before provided for, and under the same restric- 
 tion and condition, and the contract may be let 
 for the publication of all such books or for any 
 one or more separately; and provided, further, 
 that the State itself shall not, under any circum- 
 stances, enter into any contract binding it to pay 
 for the pu])lication of anv book or books, but in 
 
11 
 
 tlio ('(nilrncl with llic owiici* dl" Uic inainiscript 
 it shall be provided that he shall pav the cohiik'h- 
 satioii to tlu' piihlishcr (or the publicatiou aud 
 puttiiij^- ill book form tiic inaiiuscript, together 
 with tlie cost and expense of eopyrii;htin<i- the 
 same; And provided, further, that in all eases 
 bids or proposals sail be aeeompanied witii the 
 eash deposit of from five hundred to twenty-live 
 hundred dollars as the eommission may di- 
 reet, and as previously provided 1u this act. 
 And it is further expressy provided that any per- 
 son, firm, or corporation now doin<;- busi- 
 ness, or iiroposinji,- to do Imsiuess, in the State 
 of Alabama, shall have the right to hid for 
 the contract to be awarded under this act 
 in manner as follows : In response to the adver- 
 tisement Avhen made as hereinbefore provided, 
 Siiid person, firm, or corjwration may submit in 
 writing bid or bids to edit or have edited, publish 
 and supply for use in the public schools in this 
 State, any book or books herein provided for, pro- 
 vided that instead of filing said bid or proposal 
 a sample or s]MM-im(Mi c<)])y of each book pro])osed 
 to be furnished, he nmy <'xhibit to the commission 
 a maiiuscrii)t or printed form the matter ])r()- 
 1K)S(h1 to 1k^ incorjiorated in any book, together 
 with such a description and illustration of the 
 form and style thereof, as would be fully intel- 
 ligible and satisfactory to said commission, or 
 they may submit a book or Ivooks the equal of 
 \\hich in every way they ju'opose to furnish and 
 they shall accompany their bid or pro])osal with 
 the cash deposit and execute contract and bond 
 as hereinbefore provided. 
 
 Skctiox 10.— Be it further enacted: That as 
 soon as said commission shall have entered into a 
 conli'act oi- contracts for the furnishing or su])]>ly- 
 ing of books for use in the public schools in tliis 
 State it shall be tln' duty of the governor to issue 
 his proclamation announcing such facts to the 
 ])eo])le of the State. 
 
 Section 11. — Be it furiher enac(e«l: That (he 
 
part}" or parties with whom the contract shall b<^ 
 made shall establish aud maiutaiu two or more 
 depositories in this State, to be desig'nated by the 
 commission, wliere a stock or snppl}' of the books 
 sufficient to meet all the immediate demands shall 
 be kept. There shall also be maintained in each 
 county in the State not less than three agencies, 
 for the distribution of the books to the patrons, 
 to be located and designated by the commission 
 and the contractor shall be permittt^d to make ar- 
 rangements with a merchant or other person for 
 the handling and distribution of the books. All 
 books shall be sold to the consumer at the retail 
 contract price, and in each book shall be i^rinted 
 the following : ( The price fixed hereon is fixed by 
 State contract and deviations therefrom shall be 
 reported to your county superintendent of educa- 
 ♦ tiou, or to the State superintendent at Montgom- 
 ery. ) Aud it is expressly provided that should 
 any party contracting to furnish books as pro- 
 vided for in this act, fail to furnish them or oth- 
 erwise breach his contract, in addition to the 
 right to the State to sue on the bond hereinabove 
 re(iuired the county suj^erintendent of any cimnt}' 
 may sue in the name of the State of Alabama, 
 in any court of competent jurisdiction in the 
 county in which he resides; for the use and bene- 
 fit of the school fund^ of the county; Provide<l 
 That the right of action to the county superin- 
 tendent shall be limited to breaches of the con- 
 tract committed in the county of his residence, 
 and provided, further, that in all cases under this 
 act service of process may be had and deemed 
 sufficient on any agent of the contractor in this 
 State. 
 
 Section 12. — Be it furtlier enacted : That said 
 commission may from time to time make any nec- 
 essary regulation not contrary to the provisions 
 of this act, to secure the jM'ompt distribution of 
 the books herein provided for and the prompt and 
 
13 
 
 faithful cxccntioii of all contracts, and it is ex- 
 l)]('ssly now provided that said coniniission shall 
 maintain its organization during; the live years 
 of the continnance of the contract and after tin 
 expiration of the same to renew such of them as 
 tlu\v deem advisable, or re-advertise for new 
 bids or projjosals as reipiired by this act in the 
 first instance, and enter into such other contracts 
 as they deem for the best interest of the patrons 
 and children of the public schools of this State; 
 Provided, That any contract entered into oi- re- 
 newed shall be for the term of live years. 
 
 Section 13. — Be it furtlier enacted: That as 
 soon as'practicabe after the adoption provided for 
 in this act, the State .superintetident of education 
 shall issue a circular letter to each c(mnty su])er- 
 intendent of education and each teacher in th.e 
 State, and to such others as he may desire to send 
 it, which letter shall contain the list of book*? 
 adopted, Uw prices, location of aiiencies, and 
 manner of distribution and such other informa- 
 tion asi he nuit deem necessary. 
 
 Section 14. — Be it further enacted : That as 
 soon after the passage of this act as may be prac- 
 ticable and the commission may deem advisable, 
 the lx)oks adopted as a uniform system of text 
 books shall l>e introduced and used as text liooks 
 to the exclusion of all others in all the public free 
 schools in this State; Provided, That nothinf;: 
 herein shal be construed to prevent the use of sup- 
 plementarv books such as may Ix^ prescrll>ed and 
 selected by the text book commission but such 
 sui)])len!entary lM)oks shall not be used to the ex- 
 clusion of the books ]»resci'ibe(l ot' ado])ted under 
 the provisions of this act; Provided further, that 
 nothinji; in this act shall be construed to prohibit 
 the use in ])ub1ic schools of any text book ui)on 
 any branch mentioned in any ]>revious section of 
 the act, whei-e the commission shall select or 
 adopt a book f(»r that branch or snbjecl ; Pi-ovid- 
 
14 
 
 ed, fiu'tlier, That iiotliiii!;- in this act shall pre- 
 vent the teaching in any scliool any branch high- 
 er or more advanced than is embraced in any pre- 
 vious section of this act, nor the using of an}' 
 book upon sucli higher branch of study, provided 
 that such higlier branches shall not be taught to 
 the exclusion of the branches mentioned and set 
 out in this act. 
 
 Section 15. — Be it further enacted: That noth- 
 ing herein shall be construed to prevent or pro- 
 liilut the patrons of the xvubiic schools througliout 
 the State from procuring Iiooks in the usual way 
 in case no contract shall be nmde or the contractor 
 fails or refuses to furnish the books provided for 
 in this act, at tlie time re(piii-ed for their use at 
 the resi>ective schools. 
 
 Section 10. — Be it further enacted : That any 
 person or teacher violating the' provisions of this 
 act, sliall become guilty of a misdemeanor, and 
 upon c(mviction be x^unished by a fine of not less 
 than ten dollars nor more than fifty dollars. 
 
 Section 17. — Be it further enacted: That any 
 teaclier who shall use or periiiit to be lised in his 
 or her school any text book upon the branches 
 end>raced in this act, where the commission has 
 adopted a book upon that branch other than the 
 one so adopted, shall be guilty of a misdemeanor, 
 and upon conviction punished as provided for 
 in section 16 of this act. 
 
 Section 18. — Be it further enacted : That if any 
 local agent, dealer, clerk or other person handling 
 or selling the books adopted under this act, shall 
 d^^mand or receive for any copy of any of the 
 books Iterein provided for, more than the contract 
 price, in cases where the purchase is for cash, he 
 shall be guilty of a misdemeanor, and upon con- 
 viction siiall for each off(Mise be punished l)y fine 
 of uot less than fifty nor more than five hundred 
 dollars. 
 
15 
 
 Section 1<).— He it funlici- tMiaclcd : Tlial Hie 
 .Slim of two Ihousaiid doljirs or so luiieh thereof as 
 may Ih' iieeessary to be paid out of tlie moneys i;^ 
 the treasury not otlierwise exiXMided be and is 
 h(^reby a])])roi)riated for the i)iiri)ose of payinii- 
 (lie cost and ex])eiise of earrying iuto el'fett the 
 IM'ovisions of this act. 
 
 fc>ECTi()X 20.— Be it further enacttnl : Tliat the 
 g-overnor and supt^-intendent of education slijill 
 serve on tlie commission Avitliout com])ensation 
 and the other members of tlie commission and the 
 sub-commission shall be paid the sum of four dal- 
 lars per day during the time they are actually en- 
 gaged, not to exceed thirty days, and in addition 
 shall receive ten cents per mile for each mile trav- 
 eled from their home to their place of meeting and 
 return thereto, to Ix- paid out of the general fund, 
 and they shall each make and sw<vU' to a state- 
 ment of the nun)ber of miles trinvled and the 
 Jiumbin- of days actually engaged. 
 
 Section 21.— Be it further enacted: That the 
 said sub-commission is authorized to ap|X)int a 
 clerk A\-lio shall have three dollars ])er diem dur- 
 ing the time he is actually engaged not to exceed 
 thirty da.^'s, and the same mileage as is allowed 
 the sub-commission. 
 
 Section 22.— Be it further enacted: That the 
 adoption made as provided for in this act shall 
 eontinue for five years from the date of such adop- 
 tion; Provided, The provisions of this act shall 
 not apply to those counti(^s that have ado]>ted a 
 unifoni! system of text books for their public 
 schools and have contracted for a supply of such 
 tox\ books, until the expiration of said contracts 
 respectively unless they see fit sooner to accept 
 the provisions of this act. and provided furthiM- 
 that no new contract shall !>;> made after the 
 pas-sage of this act by any county lK)ard of edu- 
 eation, or by the board of education of anv citv 
 or town in this State. 
 
021 302 767 
 
 16 
 
 Section 23. — Be it fiirthor onacted: That in 
 case of the failure of any coutractor to fiiriiiHli 
 the books as proidded in liis contract, then his 
 bond sliall be declared forfeited, and the State 
 sdiool book commission is authorized and em- 
 powered to make such other contract for the un- 
 expired term with any })erson to provide such 
 books as they may deem advisable for the best in- 
 terests of the State. 
 
 >S'e('TI()x 24. — Be it furtlier (^nacted: Tliat tliis 
 act ^-liall take effect from and after its passage. 
 
 Approved March 4, 1903. 
 
 MAY 27,1905 
 p. ot D« 
 
LIBRARY OF CONGRESS 
 
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 021 302 767